UNION OF INDIA & ORS. Vs. SRI. DESHRAJ

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 1.3.91 passed by Mohitosh Majumdar. J in CO. No. 12335(W) of 1987 whereby and whereunder the learned Judge set aside the order of punishment of the disciplinary authority as well as the order of the appellate authority. The writ petitioner/respondent no. 1 admittedly is a member of the Central Industrial Security Force. A charge -sheet was issued against him on or about 15.10.86 which is to the following effect :

(2.) It appears that upon submission of the report by the enquiry officer, the disciplinary authority had himself agent to the place of occurrence with eye witness and prepared a report wherein he observed as follows :

(3.) The learned Judge in view of the aforementioned part came to the conclusion that the order of the disciplinary authority suffers from technical bias.